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RESOLUTION NO. 522
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROLLING HILLS REVOKING
CONDITIONAL USE PERMIT NO. 212
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. A public hearing to consider the
.revocation of Conditional Use Permit No. 212, with respect'
to real property described in Exhibit A attached hereto, was
duly held by the Planning Commission on June 23, July 14,
August 25, September 29, October 20, November 17, December
1, December 15, 1981 and January 19 and February 16, 1982 at
7:30 p.m., in the Council Chambers, City Hall, No. 2
Portuguese Bend Road, Rolling Hills, California. A notice
of the time, date, place and purpose of the aforesaid
hearing was duly given.
Section 2. Evidence, both written and oral,
was duly presented to and considered by the Planning
Commission at the aforesaid public bearing. Advanced
Electronics, user of CUP No. 212, was represented at the
public hearing by its principal, Robert L. Mohr, and its
attorney, Morley G. Mendelson, Esquire.
Section 3. On March 2, 1982 the Planning Commission,
upon consideration of the evidence, rendered its decision
revoking CUP No. 212 and adopted Planning Commission Resolu-'
tion No. 17, in which the Commission findings and decision
are set forth.
Section 4. Pursuant to Section 17.32.140 of
the Rolling Hills Municipal Code, Advanced Electronics
appealed the decision of the Planning Commission on March
29, 1932. The City Council, acting as the Board of Zoning
Adjustment and Appeal determined to consider the appeal on
the basis of the considerable record brought before it from'
the proceedings before the Planning Commission. Both
Advanced Electronics, through its counsel Morley E. Mendelson,
Esq., and those residents who initiated revocation proceedings,
through their counsel Fred F. Gregory,.Esq, were given an
opportunity to make both written and oral argument on the
facts contained in the record. Both counsel filed written
briefs with the Council and presented oral arguments. No
new evidence was received or considered by the Council.
it
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Section 5. Upon review of the evidence and the
arguments presented by the parties, the City Council finds,
pursuant to Section 17.32.120 of.the Rollings Hills Municipal
code, that:
1. Conditional Use Permit No. 212 was granted by
the Planning Commission on July 18, 1978 upon application by
the City to permit the construction and operation of an
antenna facility on property located in the RAS zone in the
City by Advanced Electronics.
2. The application for the conditional use permit
described the requested use as an "[a]ntenna tower and
V transmitter building for mobile.communication system operat-
ing on Government Channel 158.775 for Rolling Hills." The
application further stated that the construction was necessary
to enable the City "to effectively operate its existing
shortwave communication system with the various gates and is
necessary (sic) of the City's police and fire protection
system."
3. The public notice announcing the public
hearing which preceded grant of the conditional use permit
specifically identified the subject matter of the hearing as
an application -by the City for construction of a tower and
building for a communication system operating on Government
Channel 158.775.
4. At the time the permit was issued, Section
3.01(D)(2) of the Zoning Ordinance (Ordinance No. 33) provided
that "public utility" uses were a permitted use in the.RAS zone
with a conditional use permit.
5. In granting CUP No. 212, the evidence as
contained in the public notice, the application and the
minutes of the Commission hearing held on July 18, 1978
shows that the Planning Commission authorized the operation
of a mobile communications system to operate as a public
utility solely and exclusively on a government channel. The
authorization was limited to communications for governmental
and quasi -governmental entities, as Section 17.12.060 of the
Rollings Hills Municipal Code expressly prohibits commercial
uses in the RAS zone. Advanced Electronics did not.partici-
pate in any manner in the application process or the
proceedings wherein the CUP was granted.
6. Since construction of the antenna facility,
the evidence contained in the record clearly and without
dispute shows that Advanced Electronics has used the station
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for servicing of communications for commercial and business
customers, as well..as public agencies. In the course of
doing so, Advanced has added numerous parobolic microwave
antennas to the tower, thereby adding to its scope and
intensity in order to service commercial users. None of the
services offered by Adanced Electronics or operated by it on
the facility are licensed, authorized or regulated by the
California Public utilities Commission.
7. The use of the antenna facility for commercial,
enterprises constitutes an unauthorized and unlawful ,extension,,, -
of the conditional use permit and a violation of its terms
and conditions. Such use is entirely outside the scope of
the use authorized under the permit ana'has resulted in a
facility fundamentally different from the use which was
actually authorized by CUP No. 212. Such commercial.use is
in addition not permitted under the City's zoning ordinances
An a residential zone.
8. The appearance and capability of the tower are
of substantially greater magnitude than the use authorized
by CUP No. 212. As a result, much evidence in the record
demonstrates that the facility has caused considerable
interference with the use and enjoyment of neighboring
properties,, rendering the - use a public nuisance within the'
meaning of Section 8.24.010 of the Rolling'Hills Municipal
Code. The enlarged and intensified operation of the facility'
has caused substantial interference with television reception,
electric garage door openers and other electrical devices in
the immediate vicinity and is wholly incompatible with
surrounding residential uses.
.Section 6. Based on the foregoing findings, the
Council hereby upholds the decision of the Planning Commission
and revokes Conditional Use Permit No. 212 with respect,to
the property described in Section I hereof on the ground
that the use being exercised thereunder is and has been in
violation of the terms and conditions of approval, in
violation City ordinance, and in such manner as to con-
stitute a public nuisance.
Section 7. The Council hereby orders that Advanced
Electronics remove in its entirety the subject transmission
tower on or before June 1, 1984 and the subject transmitter
building on or before December 1, 1984. The Council further
orders and directs City staff to monitor the removal process
in an appropriate manner to ensure compliance by Advanced Electronics
and periodically report its findings to the City Council.
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PASSED, APPROVED AND ADOPTED this 28 day of
November, 1983.
O may6r_
ATTEST:
City Clerk
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I hereby certify that the foregoing Resolution No. 522 was duly
adopted by the City Council of the City of Rolling Hills at a
regular meeting thereof held on the 28th day .of November,_ 1983
by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson
NOES: None
ABSENT: None
ABSTAINED: -Mayor Murdock
City Clerk of the City of
Rolling Hills, California
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